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| Preface and Acknowledgements | |
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| Figures | |
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| Introduction | |
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| Theories of regulation | |
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| Introduction | |
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| Public interest theories of regulation | |
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| Welfare economics approaches | |
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| Substantive political approaches | |
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| Procedural political approaches | |
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| The role of law in public interest theories of regulation | |
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| Discussion questions | |
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| Private interest theories of regulation | |
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| Political private interest approaches | |
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| Economic private interest approaches | |
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| The role of law in private interest theories | |
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| Discussion questions | |
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| Institutionalist theories of regulation | |
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| Tripartism | |
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| Regulatory space | |
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| Systems theory | |
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| The role of law in institutionalist approaches | |
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| Discussion questions | |
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| Conclusion | |
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| Regulatory instruments and techniques | |
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| Introduction | |
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| Understanding regulatory instruments | |
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| Command | |
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| Competition | |
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| Consensus | |
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| Communication | |
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| Code | |
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| Classification and hybridisation | |
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| Discussion questions | |
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| Instrument choice | |
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| Prescriptive approaches and tool-efficacy | |
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| Politics, legal culture and institutional variety | |
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| Discussion questions | |
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| Conclusion | |
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| Regulatory enforcement and compliance | |
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| Introduction | |
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| The limits of rules | |
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| Discussion questions | |
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| The enforcement of rules and agency behaviour | |
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| Observational studies of agency behaviour | |
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| Normative approaches to enforcement | |
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| Normative prescriptions developed from empirical observation | |
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| Value-based critiques of enforcement practices and prescriptions | |
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| Discussion questions | |
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| Public and private enforcement | |
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| Civil and criminal liability | |
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| Enforcement rights | |
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| Economic analysis of public and private enforcement | |
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| Public discretion and private rights | |
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| Discussion questions | |
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| Conclusion | |
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| Regulatory accountability and legitimacy | |
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| Introduction | |
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| Levels of theorising | |
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| Regulatory accountability | |
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| Discussion questions | |
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| Varying logics of regulatory legitimation | |
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| Discussion questions | |
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| Regulatory legitimacy and democracy: Between expertise and pluralism | |
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| Discussion questions | |
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| Decentred regulatory legitimacy: Beyond and above the state | |
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| Discussion questions | |
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| Conclusion | |
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| Regulation above and beyond the state | |
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| Overview | |
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| Theories of regulation | |
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| Public interest theories | |
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| Private interest theories | |
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| Institutionalist approaches | |
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| Conclusion | |
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| Techniques of regulation | |
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| Command | |
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| Competition | |
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| Consensus | |
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| Communication | |
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| Code | |
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| Complex hybrids and the role of law | |
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| Enforcement | |
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| Problems with rules | |
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| Public enforcement of supranational norms | |
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| Private and civil society enforcement | |
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| Enforcement through law | |
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| Non-legal enforcement mechanisms | |
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| Summary | |
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| Legitimation | |
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| Varying logics of regulatory legitimation | |
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| Conceptions of democracy and the role of law | |
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| Conclusion: Law's role in regulation above and beyond the state | |
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| Discussion questions | |
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| Conclusion | |
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| Index | |